The Confederacy on trial

Author: Mark A. Weitz
Publisher: Univ Pr of Kansas
ISBN:
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In the annals of Civil War history: one overarching dispute remains unsettled: was the United States waging war against another nation or putting down an internal rebellion? In October 1861 three legal battles put this question to the test. As Mark Weitz reveals, these proceedings were instrumental in debating and ultimately shaping the Confederacy's very identity. Weitz takes readers to courtrooms in Philadelphia and New York, where Confederate sailors caught raiding Union vessels were tried for the capital crime of piracy. Their defense argued that they were not pirates at all but privateers acting on behalf of a sovereign nation, and thus were entitle to protection under international laws governing prisoners of war and could not be executed. Meanwhile, in South Carolina, a number of Charleston lawyers challenged the Confederacy's Sequestration Act. This law authorized government seizure of the property of "enemy aliens"-an action viewed by Southerners as a threat to civil liberties and state's rights by,a central government that had assumed excessive powers. By attempting to preserve long-standing Southern traditions regarding private property and due process, the lawyers high-lighted the conflict between the kind of nation the Confederacy wanted to become and the nation it was compelled to be in wartime. Weitz masterfully interweaves these stories, highlighting the extraordinary tensions between legal professionalism and the public clamor for patriotism. He shows that while the Confederacy struggled to balance its commitment to civil rights and state sovereignty with the need to wage war, the United States walked an equally fine line between officially sanctioning the newConfederacy and utilizing war powers normally directed at enemy nations. Ultimately, both sides discovered that war created irreconcilable contradictions that could not be easily resolved. "The Confederacy on Trial provides an unprec

2005

Author: Massimo Mastrogregori
Publisher: Walter de Gruyter
ISBN: 3598441614
Format: PDF, Docs
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Die IBOHS verzeichnet jährlich die bedeutendsten Neuerscheinungen geschichtswissenschaftlicher Monographien und Zeitschriftenartikel weltweit, die inhaltlich von der Vor- und Frühgeschichte bis zur jüngsten Vergangenheit reichen. Sie ist damit die derzeit einzige laufende Bibliographie dieser Art, die thematisch, zeitlich und geographisch ein derart breites Spektrum abdeckt. Innerhalb der systematischen Gliederung nach Zeitalter, Region oder historischer Disziplin sind die Werke nach Autorennamen oder charakteristischem Titelhauptwort aufgelistet.

The Michigan affirmative action cases

Author: Barbara Ann Perry
Publisher: Univ Pr of Kansas
ISBN:
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In its controversial Bakke decision of 1978, the Supreme Court upheld racial and ethnic diversity in university admissions--but it was not to be the last word on the matter. When Jennifer Gratz and Barbara Grutter challenged the University of Michigan's admission policies because they were passed over in favor of ostensibly less-qualified minority applicants, the Court was once again compelled to address affirmative action. Barbara Perry takes readers behind the scenes to tell the riveting story of how the two rejected applicants allied with conservative interest groups in an attempt to overturn affirmative action programs in higher education--and how in a 5-4 decision Justice Sandra Day O'Connor provided the decisive vote reaffirming Bakke. While the plaintiffs argued that their rights to equal protection under the Fourteenth Amendment and Title VI of the Civil Rights Act had been violated, the Court in 2003 disagreed and upheld the constitutionality of affirmative action, citing the goal of diversity as a legitimate state interest but also making it clear that there were limits to that interest and the policies to implement it. Drawing on interviews with key figures in the litigation, Perry follows the twists and turns of the district and appellate cases, then reveals the inside story of how Justice O'Connor joined her liberal colleagues to uphold the use of race in university admissions and thereby establish an important new precedent. Perry provides a play-by-play account of the dramatic oral arguments before the Court, explains how the Court's decisions emerged, and reveals how Justice O'Connor's personal, professional, and judicial background brought her to that pivotal moment inlegal history. As Perry shows, the Supreme Court's decisions frustrated both conservatives and civil rights advocates, who continue to battle each other when anti-affirmative action initiatives appear on state ballots. Her compelling study helps us understand why affirmative action remains one of our most hotly contested issues.

The Copyright Pentalogy

Author: Michael Geist
Publisher: University of Ottawa Press
ISBN: 0776620843
Format: PDF, Kindle
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In the summer of 2012, the Supreme Court of Canada issued rulings on five copyright cases in a single day. The cases represent a seismic shift in Canadian copyright law, with the Court providing an unequivocal affirmation that copyright exceptions such as fair dealing should be treated as users’ rights, while emphasizing the need for a technology neutral approach to copyright law. The Court’s decisions, which were quickly dubbed the “copyright pentalogy,” included no fees for song previews on services such as iTunes, no additional payment for music included in downloaded video games, and that copying materials for instructional purposes may qualify as fair dealing. The Canadian copyright community soon looked beyond the cases and their litigants and began to debate the larger implications of the decisions. Several issues quickly emerged. This book represents an effort by some of Canada’s leading copyright scholars to begin the process of examining the long-term implications of the copyright pentalogy. The diversity of contributors ensures an equally diverse view on these five cases, contributions are grouped into five parts. Part 1 features three chapters on the standard of review in the courts. Part 2 examines the fair dealing implications of the copyright pentalogy, with five chapters on the evolution of fair dealing and its likely interpretation in the years ahead. Part 3 contains two chapters on technological neutrality, which the Court established as a foundational principle of copyright law. The scope of copyright is assessed in Part 4 with two chapters that canvas the exclusive rights under the copyright and the establishment of new “right” associated with user-generated content. Part 5 features two chapters on copyright collective management and its future in the aftermath of the Court’s decisions. This volume represents the first comprehensive scholarly analysis of the five rulings. Edited by Professor Michael Geist, the Canada Research Chair in Internet and E-commerce Law at the University of Ottawa, the volume includes contributions from experts across Canada. This indispensable volume identifies the key aspects of the Court's decisions and considers the implications for the future of copyright law in Canada.

More Damning Than Slaughter

Author: Mark A. Weitz
Publisher: U of Nebraska Press
ISBN: 0803247974
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"Coupled with problems such as speculation, food and clothing shortages, conscription, taxation, and a pervasive focus on the protection of local interests, desertion started as a military problem and spilled over into the civilian world. Fostered by a military culture that treated absenteeism leniently early in the war, desertion steadily increased and by 1863 reached epidemic proportions. A Union policy that permitted Confederate deserters to swear allegiance to the Union and then return home encouraged desertion. Equally important in persuading men to desert was the direct appeal from loved ones on the home front - letters from wives begging soldiers to come home for harvests, births, and other events.".

The Slaughterhouse Cases

Author: Ronald M. Labbé
Publisher:
ISBN: 9780700614097
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While ruling that Louisiana had legitimately exercised its powers, the Court's majority went much further to declare that the amendment - and its "due process" and "equal protection" clauses - applied exclusively to the plight of former slaves and, thus, were unavailable to any other American."--BOOK JACKET.

Collapse

Author: Jared Diamond
Publisher: Penguin UK
ISBN: 0141976969
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From the author of Guns, Germs and Steel, Jared Diamond's Collapse: How Societies Choose to Fail or Survive is a visionary study of the mysterious downfall of past civilizations. Now in a revised edition with a new afterword, Jared Diamond's Collapse uncovers the secret behind why some societies flourish, while others founder - and what this means for our future. What happened to the people who made the forlorn long-abandoned statues of Easter Island? What happened to the architects of the crumbling Maya pyramids? Will we go the same way, our skyscrapers one day standing derelict and overgrown like the temples at Angkor Wat? Bringing together new evidence from a startling range of sources and piecing together the myriad influences, from climate to culture, that make societies self-destruct, Jared Diamond's Collapse also shows how - unlike our ancestors - we can benefit from our knowledge of the past and learn to be survivors. 'A grand sweep from a master storyteller of the human race' Daily Mail 'Riveting, superb, terrifying' Observer 'Gripping ... the book fulfils its huge ambition, and Diamond is the only man who could have written it' Economist 'This book shines like all Diamond's work' Sunday Times Jared Diamond (b. 1937) is Professor of Geography at the University of California, Los Angeles. Until recently he was Professor of Physiology at the UCLA School of Medicine. He is the Pulitzer Prize-winning author of the widely acclaimed Guns, Germs, and Steel: the Fates of Human Societies, which also is the winner of Britain's 1998 Rhone-Poulenc Science Book Prize.

Affirmative action on trial

Author: Melvin I. Urofsky
Publisher: Univ Pr of Kansas
ISBN:
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Affirmative action continues to be one of the most hotly contested issues in America. Volatile and divisive, the debates over its legitimacy have inspired a number of "reverse discrimination" suits in the federal courts. Like the landmark 1978 Bakke decision, most of these have focused on preferential treatment given racial minorities. In Johnson v. Santa Clara, however, the central issue was gender, not race discrimination, and the Supreme Court's decision in that case marked a resounding victory for women in the work force.Johnson v. Santa Clara involved two people who in 1980 competed for a dispatcher position with the transportation department of Santa Clara County, California. Paul Johnson had more experience and slightly higher test scores, but Diane Joyce was given the job based on affirmative action. An irate Johnson sued the county and won, only to have the decision reversed in appellate court. That reversal was subsequently upheld in the Supreme Court's 1987 decision, reaffirming that it was legitimate for employers to consider gender in hiring.Melvin Urofsky proves an exemplary guide through the complexities of this case, as he takes us from the workplace through the various levels of our federal court system. Balancing case details with an overview of constitutional law and judicial process, he creates a model legal history that is both appealing and enlightening for the non-scholar. Urofsky is especially good at highlighting the fundamental human drama of this case and shows how Johnson and Joyce were simply ordinary people, each with valid reasons for their actions, but were both ultimately caught tip in legal and social issues that reached well beyond their ownlives.Affirmative Action on Trial pointedly addresses the issue of sex discrimination and the broader controversy over the place of affirmative action in American society. While it's hard to determine the likely future of aff

A Higher Duty

Author: Mark A. Weitz
Publisher: U of Nebraska Press
ISBN: 9780803298552
Format: PDF
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This book addresses the most important issues associated with Confederate desertion. How many soldiers actually deserted, when did they desert, and why? What does Confederate desertion say about Confederate nationalism and the war effort? Mark A. Weitz has taken his argument beyond the obvious reasons for desertion?that war is a horrific and cruel experience?and examined the emotional and psychological reasons that might induce a soldier to desert. Just as loyalty to his fellow soldiers might influence a man to charge into a hail of lead, loyalty to his wife and family could also lead him to risk a firing squad in order to return home.